NORTHERN IRELAND ASSEMBLY

MINUTE OF PROCEEDINGS

TUESDAY 3 JULY 2001

The Assembly met at 10.30 am, the Speaker in the Chair

1. Personal Prayer or Meditation

1.1 Members observed two minutes’ silence.

2. Royal Assent

2.1 Royal Assent had been signified on 2 July 2001 to:

• Defective Premises (Landlord’s Liability) Act (Northern Ireland) 2001; and
• Adoption (Intercountry Aspects) Act (Northern Ireland) 2001.

3. Speaker’s Business

3.1 The Speaker delivered a ruling on unparliamentary language.

The Sitting was suspended by the Speaker at 10.36 am under Standing Order 60(1)(a).

The Sitting resumed at 10.45 am

4. Executive Committee Business

4.1 Statement - North-South Ministerial Council on Waterways

The Minister of Culture, Arts and Leisure, Mr Michael McGimpsey, made a statement to the Assembly on the North/South Ministerial Council sectoral meeting on Waterways, held on 27 June 2001, following which he replied to questions.

4.2 Statement - North-South Ministerial Council – Special EU Programmes

The Minister of Finance and Personnel, Mr Mark Durkan, made a statement to the Assembly on the North/South Ministerial Council sectoral meeting on Special EU Programmes held on 20 June 2001, following which he replied to questions.

The Sitting was, by leave, suspended at 12.36 pm.

The Sitting resumed at 2.00 pm.

Deputy Speaker (Sir John Gorman) in the Chair.

4.3 Statement – Winter Service Review

The Minister for Regional Development, Mr Gregory Campbell MP, made a statement to the Assembly on the Winter Service Review, following which he replied to questions.

4.4 Second Stage - Industrial Development Bill (NIA Bill 18/00)

Sir Reg Empey, the Minister of Enterprise, Trade and Investment, moved that the Second Stage of the Industrial Development Bill be agreed.

Debate ensued.

NIA Bill 18/00 passed Second Stage.

Deputy Speaker (Ms Jane Morrice) in the Chair.

4.5 Budget (No.2 Bill) NIA Bill 17/00)

Further Consideration Stage

The Minister of Finance and Personnel moved that the Further Consideration Stage of the Budget (No.2) Bill be agreed.

Clauses

The Question being put, it was agreed without division that Clauses 1-6 stand part of the Bill.

Schedules

The Question being put it was agreed without division that Schedules 1-3 stand part of the Bill.

Long Title

The Question being put, the Long Title was agreed without division.

NIA Bill 17/00 passed Further Consideration Stage with cross-community support (nemine contradicente) and stood referred to the Speaker for consideration in accordance with Section 10 of the Northern Ireland Act 1998.

5. Committee Business

5.1 Motion – Amend Standing Orders: Audit Committee

The following Motion stood on the Order Paper in the name of the Chairperson, Committee on Procedures.

Proposed: In Standing Order 58 delete all and insert:

"(1) There shall be a Standing Committee of the Assembly to be known as the Audit Committee which shall:

(a) exercise the functions laid upon the Assembly by Section 66 of the Northern Ireland Act 1998;

(b) recommend to the Assembly the annual salary payable to the holder of the office of Comptroller and Auditor General for Northern Ireland in accordance with Article 4(1) of the Audit (Northern Ireland) Order 1987; and

(c) recommend to the Assembly a person to be nominated for appointment to the office of Comptroller and Auditor General for Northern Ireland in accordance with Section 65(1) of the Northern Ireland Act 1998.

(2) In discharging its functions under this Standing Order the Committee shall have regard to the advice of the Public Accounts Committee and the Department of Finance and Personnel.

(3) In accordance with Section 66(2) of the Northern Ireland Act 1998, no more than one member of the Committee may be a member of the Public Accounts Committee.

(4) The Committee shall have a membership of five and a quorum of two."

[Chairperson, Committee on Procedures]

The Motion was not moved.

5.2 Motion – Amend Standing Orders: Sittings and Adjournments of the Assembly

Proposed: In Standing Order 10(2) line 3 delete ‘10.30 am’, and insert ‘12.00 midday’.

[Chairperson, Committee on Procedures]

After debate, the Question being put, the Motion was carried with cross-community support (nemine contradicente).

5.3 Motion – Amend Standing Orders: Register of Members’ Interests

Proposed: In Standing Order 64 delete all and insert:

"(1) A Register of Members’ Interests, which shall list the categories of registrable interest, shall be established, published and made available for public inspection.

(2) The Clerk of Standards shall compile, and from time to time publish, the Register of Members’ Interests.

(3) Every Member of the Assembly shall inform the Clerk of Standards of such particulars of his/her registrable interests as shall be required, and of any alterations to such interests within four weeks of each change occurring.

(4) Before taking part in any debate or proceeding of the Assembly or its Committees, a Member shall declare any interest, financial or otherwise, which is relevant to that debate or proceeding, where such interest is held by the Member or an immediate relative.

(5) No Member of the Assembly shall, in any proceeding of the Assembly, in return for payment or benefit mentioned in paragraph 61 of the Guide to the Rules Relating to the Conduct of Members, approved by the Assembly on 14 December 1999 ["the Guide"]:

(a) advocate or initiate any cause or matter on behalf of any outside body or individual;

(b) urge any other Member of the Assembly to do so.

(6) Where it appears to the Committee on Standards and Privileges that a Member has failed to comply with, or has contravened any provision of this Order, the Committee may make a report to the Assembly.

(7) A report made under paragraph (6) may contain a recommendation that the Member:

(a) be excluded from proceedings of the Assembly for a specified period; and

(b) have his/her rights and privileges as a Member withdrawn for that period.

(8) In this Standing Order:-

"Financial interest" means any registrable interest other than one falling within paragraph 26 or 27 of the Guide;

"Registrable interest" means any category of registrable interest falling within paragraphs 14 to 37 of the Guide.

[Chairperson, Committee on Procedures]

After debate, the Question being put, the Motion was carried with cross-community support.

5.4 Motion – Amend Standing Orders: Committee on Standards and Privileges

Proposed: In Standing Order 57 delete all and insert:

"57. COMMITTEE ON STANDARDS AND PRIVILEGES

(1) There shall be a Standing Committee of the Assembly called the Committee on Standards and Privileges:

(a) to consider specific matters relating to privilege referred to it by the Assembly;

(b) to oversee the work of the Assembly Clerk of Standards; to examine the arrangements for the compilation, maintenance and accessibility of the Register of Members’ Interests and any other registers of interests established by the Assembly; and to review from time to time the form and content of those registers;

(c) to consider any matter relating to the conduct of Members including specific complaints in relation to alleged breaches of any code of conduct to which the Assembly has agreed and which have been drawn to the Committee’s attention;

(d) to recommend any modifications to the code of conduct mentioned in paragraph (c);

(e) to perform the functions described in Standing Order 64(6) and (7);

(f) to make a report to the Assembly on any matter falling within this Standing Order.

(2) The Committee shall be appointed at the commencement of every Assembly and shall have power to send for persons, papers and records that are relevant to its enquiries.

(3) There shall be an officer of the Assembly, to be known as the Assembly Commissioner for Standards, who shall carry out an investigation into any matter falling within paragraph (4) referred to him by the Assembly Clerk of Standards and shall make a report thereon to the Committee on Standards and Privileges.

(4) Those matters are:

(a) matters relating to Members and Assembly privilege, including alleged breach of privilege;

(b) specific complaints about Members made in relation to the registering or declaring of interests; and

(c) matters relating to the conduct of Members, including specific complaints in relation to alleged contravention of:

(i) the Code of Conduct for Members of the Assembly; or

(ii) the Guide to the Rules Relating to the Conduct of Members, approved by the Assembly on 14 December 1999.

(5) A report made under paragraph (3) may not include any recommendations for any sanction or penalty to be imposed upon any Member of the Assembly.

(6) The Assembly Commissioner for Standards shall not, in the exercise of any of his functions, be subject to the direction or control of the Assembly.

(7) The Assembly may not dismiss the Assembly Commissioner for Standards unless:

5.5 Amendment

In proposed Standing Order 57(7) line 1 delete "the Assembly may not dismiss" and insert after "Standards", "shall not be dismissed".

[Chairperson, Committee on Standards and Privileges]

After debate, the Amendment being put, the Amendment was agreed with cross-community support (nemine contradicente).

The Question being put, the Motion, as amended, was carried with cross-community support (nemine contradicente).

5.6 Motion – Report into the Use of Public-Private Partnerships

Proposed: That this Assembly takes note of the report prepared by the Committee for Finance and Personnel following its inquiry into the use of Public-Private Partnerships.

[Chairperson, Committee for Finance and Personnel]

The Speaker in the Chair.

After debate, the Question being put, the Motion was carried without division.

6. Adjournment

6.1 Mr Ian Paisley Jnr spoke on Tourism in the North Antrim Area.

Proposed: That the Assembly do now adjourn.

[The Speaker]

The Assembly adjourned at 7.27 pm.

THE LORD ALDERDICE

The Speaker

3 July 2001

1. Acts of the Northern Ireland Assembly
2. Bills of the Northern Ireland Assembly

Local Government (Best Value) Bill (NIA Bill 19/00)

3. Orders in Council

Draft Order in Council: Life Sentences (Northern Ireland) Order 2001

4. Publications Laid in the Northern Ireland Assembly

Social Security Agency Annual Report and Accounts 2000–2001

(NIA 74/00)

Ordnance Survey of Northern Ireland Annual Report and Accounts

(NIA 79/00)

Roads Service Annual Report and Accounts 1999–2000 (NIA 84/00)

Water Service Annual Report and Accounts 2000–2001 (NIA 85/00)

5. Assembly Reports

Committee for Finance and Personnel: Seventh Report; Report into the use of Public Private Partnerships: Vol. 1: Report together with the Minutes of Proceedings (07/00/R)

Committee for Finance and Personnel: Seventh Report; Report into the use of Public Private Partnerships: Vol. 2: Written Submissions – Part I (07/00/R)

Committee for Finance and Personnel: Seventh Report; Report into the use of Public Private Partnerships: Vol. 3: Written Submissions – Part II (07/00/R)

Committee for Finance and Personnel: Seventh Report; Report into the use of Public Private Partnerships: Vol. 4: Minutes of Evidence and Record of Informal Briefings (07/00/R)

Public Accounts Committee: Sixth Report: Report on (I) Structural Maintenance of Roads and (II) Management of On-Street Parking (06/00/R)

6. Statutory Rules

(The department identified after each rule is for reference purposes only.)

SR No 256 Road Races (Carrickfergus Road Race) Order (Northern Ireland) 2001 (DRD)

7. Consultation Documents

Proposals for Radiation (Emergency Preparedness and Public Information) Regulations (Northern Ireland) 2001 (DETI)

8. Departmental Publications

Acute Hospitals Review Group Report (Hayes Report)

9. Agency Publications
10. Westminster Publications

Northern Ireland Affairs Committee; Fifth Report: Miscellaneous Financial Matters and the Governments Response to the Committee’s Third Report, Session 1999–2000 (HC 458)

11. Miscellaneous Publications

Items marked † are new or have been altered

Exclusion of Sinn Féin

This House resolves that Sinn Féin does not enjoy the confidence of the Assembly because it is not committed to non-violence and exclusively peaceful and democratic means and, therefore, consistent with the Northern Ireland Act 1998, determines that Members of Sinn Féin shall be excluded from holding office as Ministers for a period of 12 months from the date of this resolution.

[Mr C Wilson]

[Mr P Roche]

That this Assembly calls upon the Minister of the Environment and the Minister of Health, Social Services and Public Safety to ensure the complete implementation of the recommendations made by the Independent Expert Group on Mobile Phones as laid out in the Stewart Report and further implement a change in legislation to ensure that no telecommunications masts are constructed within three hundred yards of any dwelling without full public consultation.

[Mr J Shannon]

Local Government Elections

That this Assembly calls on the Secretary of State for Northern Ireland to announce that the Local Government elections will take place in May 2001.

[Mr E Poots]

Award to RUC

This Assembly calls for an official Assembly award to be made to the RUC and its reserve in recognition of its officers’ duty, service and bravery in the face of terrorism and crime and for its impartial defence of the entire Northern Ireland community.

[Mr I Paisley Jnr]

Councillors

That this Assembly calls upon the Minister of the Environment to bring forward proposals to reward financially the long-term contributions of many Councillors and to assess the work of Councillors to ensure that they are financially rewarded at an appropriate level.

[Mr O Gibson]

[Mrs E Bell]

Irish Justice System

That this Assembly notes with concern the failure of the Irish Justice system to resolve the rape/incest case of the daughter of British citizen Sarah Bland.

[Mr I Paisley Jnr]

Road Spending Plans

That this Assembly calls on the Minister for Regional Development to explain current road spending plans in the context of the recent publication of the consultation paper ‘Developing a Regional Transportation Strategy’.

[Ms M McWilliams]

District Council Childcare Facilities

That this Assembly calls on local authorities to set themselves a common objective of providing childcare facilities for elected representatives and staff.

[Ms M Gildernew MP]

Morning After Pill

That this Assembly regrets the decision of the Minister of Health, Social Services and Public Safety to sign The Prescription Only Medicines (Human Use) Amendment (No.3) Order 2000.

[Dr E Birnie]

[Mr A Maginness]

United Christian Broadcasters

That this Assembly supports the award of broadcasting radio licences to United Christian Broadcasters Ltd and welcomes the decision of the European Court of Human Rights on 7 November 2000 placing no restriction on religious bodies applying for and being granted licences for local broadcasting, at the same time this Assembly deplores the decision of the Radio Authority on 26 April 2000 to refuse a local digital multiplex licence for the Northern Ireland region to United Christian Broadcasters.

[Mr G Savage]

Domestic Energy Efficiency Scheme

That this Assembly welcomes the achievement of the Department for Social Development in tackling fuel poverty through the existing Domestic Energy Efficiency Scheme (DEES) and calls on the Minister for Social Development to ensure that the DEES II Scheme will be an effective mechanism to finally eradicate this problem.

[Ms M Gildernew MP]

Bi-Centenary of the Act of Union 1801

That this Assembly deplores the intention of the Minister of Culture, Arts and Leisure to preside over the commemoration of the Bi-Centenary of the Act of Union 1801.

[Mrs M Nelis]

TG4

That this Assembly calls on the relevant Irish and British Broadcasting Authorities to ensure the complete availability of TG4 throughout Ireland.

[Mr B McElduff]

Alcohol Bye-Laws

That this Assembly believes that current levels of enforcement of alcohol bye-laws are inadequate to address the problem of outdoor drinking; and that increased resources should be made available for the enforcement of the bye-laws and for a province-wide education programme to alert younger people to the dangers of under-age drinking.

[Mrs J Carson]

Morning After Pill

That this Assembly expresses concern at the decision by the Minister for Health, Social Services and Public Safety making the ‘morning after pill’ available to 16 year olds without debate in the Assembly or the Health Committee, and calls on the Minister to reverse her decision.

[Mrs I Robinson MP]

Security Policy

That this Assembly calls on Her Majesty’s Government, in the absence of actual decommissioning, to implement an effective security policy to recover all illegal weapons and explosives from the terrorist organisations.

[Mr P Roche]

[Mr N Boyd]

Fluoridation of Drinking Water

That this Assembly note the absence of legislation to prevent the fluoridation of drinking water and calls on the Minister of Health, Social Services and Public Safety to address this issue.

[Mr J Dallat]

Traceability Scheme

That this Assembly calls on the Department of Agriculture and Rural Development to take all steps necessary to ensure the integrity of the Traceability Scheme for Northern Ireland Beef and to investigate the labelling and subsequent sell-on of all beef processed in Northern Ireland Meat Plants.

[Mr G Savage]

Inter-Departmental Working Group

That this Assembly calls on the Executive to establish an Inter-Departmental Working Group to make recommendations on the removal of paramilitary flags, emblems and graffiti from public property.

[Mr K McCarthy]

‘Barriers to Growth and Survival’ Report

That this Assembly notes the Report, ‘Barriers to Growth and Survival’ published by the Federation of Small Businesses in November 2000; and calls on the Minister of Enterprise, Trade and Investment to initiate an investigation into the high level of interest charges imposed by banks in Northern Ireland on small businesses.

[Mr B Armstrong]

Audit Office Report

That this Assembly notes the recent report by the Comptroller and Auditor General on ‘Road Opening by Utilities’ (NIA 35/00), published on 22 February 2001.

[Mr J Kelly]

Social Exclusion of Young People

That this Assembly calls on the Minister of Further and Higher Education, Training and Employment to review urgently those policies aimed at reducing the social exclusion of young people in Northern Ireland and to initiate programmes and initiatives which will reduce the number of young people in Northern Ireland entering long-term unemployment.

[Mr J Dallat]

Gender Equality

That this Assembly calls on the Minister of Higher and Further Education, Training and Employment, given the reports of skills shortages in the employment sector, to review training provision for women in Northern Ireland and to promote a more co-ordinated training service to enhance gender equality in the training sector.

[Mrs P Lewsley]

Nursery Schools Admissions

That this Assembly recognises the problems caused by the current admissions criteria for Nursery Schools and calls upon the Minister of Education to review the criteria in order to remove the disadvantage which it causes for working parents.

[Mr S Wilson]

Foot-and-Mouth Disease

That this Assembly expresses grave concern about the impact of the foot-and-mouth disease on the agricultural industry in Northern Ireland; calls on the government to provide compensation for those who have suffered loss of livelihood as a consequence, and urges the Northern Ireland Executive to seek substantial and special funding from the Treasury in London to deal with this matter.

[Mr E McGrady MP]

Funding for Childcare Provision

That this Assembly calls upon the Minister of Health, Social Services and Public Safety to make adequate funding available for all aspects of childcare provision in Northern Ireland.

[Mr J Shannon]

[Mr W Hay]

Hepatitis C

That this Assembly, recognising the plight of those infected with Hepatitis C contracted as a result of health service treatment with contaminated blood products, calls on the Minister of Health, Social Services and Public Safety to provide assurances about the propriety of further treatment to reduce the risks of further infection and further calls on the Minister to seek compensation for those infected during health service treatment.

7^th Report of Community Attitudes Survey

That this Assembly welcomes the publication of the 7^th Report of Community Attitudes Survey by the Northern Ireland Statistics and Research Agency (NISRA) and welcomes its findings that 77% of those surveyed, "believed the police deal fairly with everyone." (Table 2.31, NISRA, Community Attitudes Survey, 7^th Report, December 2000).

[Mr R Beggs]

[Mr S Neeson]

Terrorist Attacks on Northern Ireland Railways

That this Assembly condemns the ongoing terrorist attacks on the railway infrastructure throughout Northern Ireland.

[Mr W Hay]

[Mr J Wells]

Allocation of Schools Capital Spending

That this Assembly disapproves of the unbalanced and party political allocation of schools capital spending announced in February 2001 by the Minister of Education.

[Mr S Wilson]

Award to UDR

That this Assembly calls for an official Assembly award to be made to the UDR in recognition of its members’ duty, service, bravery and courage in the face of unrelenting terrorism and crime in Northern Ireland and for its defence of the entire community.

[Mr I Paisley Jnr]

Sellafield Nuclear Plant

That this Assembly calls for the run-down and closure at the earliest possible date of nuclear processing activities carried out at Sellafield.

[Mr K McCarthy]

Single European Currency

That this Assembly congratulates the European Movement on its efforts to generate interest in the debate on a Single European Currency and calls on the Assembly to support its efforts.

[Ms J Morrice]

GAA

That this Assembly condemns the anti-British ethos of the Gaelic Athletic Association, particularly Rule 21 within its written constitution which discriminates against members of the Security Forces from participation, and calls on Government funding to the GAA to be stopped with immediate effect until such discriminatory rules are removed from the GAA’s constitution.

[Mr N Boyd]

Organic Farming

That this Assembly calls on the Minister of Agriculture and Rural Development to bring forward plans for environmental enhancement schemes, incentives and support to ensure that targets for organic farming of 3% are increased towards 20%.

[Mr G McHugh]

[Ms M Gildernew MP]

Function and Funding of Training Organisations

That this Assembly calls on the Minister of Higher and Further Education, Training and Employment to review the function and funding of Training Organisations.

[Mr A Maskey]

Financial Assistance to the Agribusiness Sector

That this Assembly notes the serious impact of foot-and-mouth disease on the agribusiness sector, and calls on the Minister of Agriculture and Rural Development to consider giving financial assistance to those most affected, in particular the livestock marts which play a vital role in the agricultural sector.

[Mr G Kane]

[Mrs I Robinson MP]

Financial Assistance for Foster Carers

That this Assembly calls on the Minister of Health, Social Services and Public Safety to bring forward legislative proposals to address the inconsistencies in the arrangements at Board and Trust level for providing financial assistance to those offering foster care for young people in the community.

[Ms S Ramsey]

[Mr J Kelly]

Processing of Incapacity Benefit and Disability Living Allowance

That this Assembly calls on the Minister for Social Development to review the process involved in respect of claims for Incapacity Benefit and Disability Living Allowance, in the light of its impact on the chronically sick and disabled.

[Mrs M Nelis]

Plastic Bullets

That this Assembly calls on the British Government to impose an immediate and total ban on the use of plastic bullets.

[Mrs M Nelis]

Assistance for Hepatitis ‘C’ Sufferers

That this Assembly notes the financial help given to HIV sufferers in the rest of the United Kingdom and elsewhere, notes the recent legal challenge for similar assistance for Hepatitis ‘C’ sufferers, and accordingly calls on the Minister of Health, Social Services and Public Safety to take steps to provide financial assistance to Hepatitis ‘C’ sufferers in Northern Ireland.

[Mrs I Robinson MP]

European Court of Human Rights

That this Assembly believes the European Court of Human Rights should consider the cases of innocent victims created by the activities of illegal paramilitary groups. It further deplores the award of compensation to the families of unashamed armed terrorists.

[Mr D Kennedy]

Voluntary Play Group Sector

That this Assembly values the work of the Voluntary Play Group sector and calls on the Minister of Education to re-assess the current funding criteria so that high quality play groups will not be jeopardised by the removal of financial support by the Department of Education.

[Mr R Beggs]

[Mrs J Carson]

Townland Names

That this Assembly calls on each Government Department to adopt a policy of using and promoting townland names in all Government correspondence and official documents.

[Mr K McCarthy]

[Mr D Ford]

Crimes Tribunal

That this Assembly calls for the establishment of a crimes tribunal to examine the activities of terrorist organisations in Northern Ireland over the past three decades.

[Mr I Paisley Jnr]

Report by the Simon Community on Homelessness –

‘An Agenda for Action’

That this Assembly notes the report by the Simon Community on homelessness called ‘An Agenda for Action’ (published June 2001) and calls on the Minister for Social Development to respond positively to the needs of the homeless in Northern Ireland.

[Mr I Paisley Jnr]

Threshold Assessment (Northern Ireland)

That this Assembly believes that the ‘Threshold Assessment (Northern Ireland)’ does not provide equality of opportunity for all members of the teaching profession.

[Mr B Hutchinson]

Prevention of Bullying in the Workplace

That this Assembly believes that current levels of legislation aimed at the prevention of bullying in the workplace are inadequate to address the issue; and that increased effort needs to be directed towards drafting and enforcing legislation which will minimise the occurrence of bullying in the workplace.

[Mr J Shannon]

Censure Motion

† This Assembly censures the Speaker and Deputy Speakers for their ruling in respect of Mr S Wilson.

[Mr S Wilson]